As a provider of web site hosting and other Internet-related services, Raptornode offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Raptornode respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Raptornode reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Raptornode has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Raptornode' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Raptornode cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Raptornode cannot monitor or censor the Internet, and will not attempt to do so, Raptornode cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Raptornode does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Raptornode' network and may reach a large number of people, including both subscribers and non-subscribers of Raptornode, subscribers' postings to the Internet may affect other subscribers and may affect Raptornode' goodwill, business, reputation or operations. For these reasons, subscribers violate Raptornode policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Raptornode, but also because it can overload Raptornode' network and disrupt service to Raptornode' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Raptornode will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Raptornode reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Raptornode choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Raptornode does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Raptornode does not allow adult content and will suspend/terminate any offending account.
Engaging in activities, whether lawful or unlawful, that Raptornode determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Raptornode will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Raptornode' policy or applicable law. However, when Raptornode becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Raptornode.
Raptornode is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Raptornode' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Raptornode does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Raptornode reserves the right to directly take action against a customer of its subscribers. Also, Raptornode may take action against the Raptornode' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Raptornode anticipates that subscribers who offer Internet services will cooperate with Raptornode in any corrective or preventive action that Raptornode deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Raptornode policy.
Raptornode will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Raptornode may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Raptornode may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Raptornode assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Raptornode may disclose subscriber information or information transmitted over its network where necessary to protect Raptornode and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Raptornode will never sell information to other services or outside companies.
Raptornode expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Raptornode policy. Finally, Raptornode wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Raptornode for any violation of the Service Agreement, law or Raptornode policy resulting in loss to Raptornode or the bringing of any claim against Raptornode by any third party. This means that, if Raptornode is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Raptornode, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Raptornode and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.